Question 17140 — housing

Summary

Mr. Maxime Laisney draws the attention of the Minister of Cities and Housing to the growing difficulties encountered in the implementation of the enforceable right to housing (Dalo). Established by the law of March 5, 2007, the Dalo constitutes a fundamental guarantee allowing poorly housed or deprived people, when they meet the conditions specified by the texts in force, to have the right to decent housing and independent by obtaining recognition of the priority and urgent nature of their situation. If they are not rehoused within the time limit, these people can then take legal action against the State. However, many residents of the MP's constituency, although they appear to fall within the legal criteria for recognition of the priority and urgent nature provided for by the code of construction and housing, are notified of a rejection decision or, more and more often, understand that an implicit refusal has been made to their request after not having received a response within the regulatory period of six months following acknowledgment of receipt by the mediation commission. This is particularly the case of a resident of the MP's constituency who, following a separation, is precariously accommodated with his brother in a studio. Suffering from several recognized disabilities, she has not been able to accommodate her children in this accommodation since the summer of 2025 and thus sees her right to maintain family ties strongly compromised. This case, to which are added numerous similar reports, leads us to question the risk that the shortage of available housing influences, in fact, the assessment of the priority and urgent nature of requests by the mediation commissions. However, as the High Committee for the Right to Housing points out in its observations relating to article 9 of the bill aimed at relaunching and decentralizing housing on the enforceable right to housing, the Dalo is not a right conditional on the prior existence of a sufficient supply of housing: on the contrary, it constitutes a mechanism intended to gradually bring about the emergence of the means necessary for the effectiveness of this right. The findings of those in the field and of several studies highlight a context of persistent tension on the social housing stock and the scarcity of available housing, which reveals concrete problems regarding the means supposed to enable this effectiveness. In these conditions, it is legitimate to question the elements which led the Government to favor a reform of the recourse for injunction provided for in article L. 441-2-3-1 of the construction and housing code, by article 9 of the bill aimed at the revival and decentralization of housing. The High Committee for the Right to Housing considers that this appeal does not constitute a cause of the difficulties encountered in the implementation of the Dalo. He asks him, on the one hand, what guarantees the Government intends to provide so that the commissions of mediation apply in a homogeneous manner and in accordance with the spirit of the law the criteria for recognizing the priority and urgent nature of applicants, regardless of local tensions on the supply of housing, and, on the other hand, to what extent the reform of the injunction appeal, provided for by article 9 of the bill aimed at the recovery and decentralization of housing, will make it possible to effectively improve access to housing for households recognized as priority as well as the situation of applicants who, although they appear to meet the legal criteria for recognition of priority and urgency, are not recognized as benefiting from Dalo by the mediation commissions.

Machine translation from French. The official text remains authoritative.

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